Excerpt: ...he moving papers. There was no opposition filed. Plaintiff filed an unauthorized supplemental brief in support of the Motion for Summary Judgment/Adjudication. The Court does not consider Plaintiff's unauthorized supplement brief, which contains new evidence. Plaintiff's Motion for Summary Judgment is GRANTED. Background Plaintiff leased commercial property to Defendant DZLA, LLC. Plaintiff served Defendant with three 10 -day Notices to Cure or Q...

Excerpt: ...ed the moving papers, opposition papers, supplemental opposition, and reply papers. The court CONTINUES Defendant Derek Keane's Motion for Summary Judgment pursuant to Code of Civil Procedure § 437c(h) to May 31, 2024 in order to accommodate the taking of Keane's deposition. Plaintiff is permitted to submit its supplemental opposition papers on or before May 17, 2024. Keane is permitted to file a supplemental reply on or before May 27, 2024. Bac...

Excerpt: ...Set One) The court has considered the moving papers, opposition, and reply. The court DENIES defendant Robert O'Neill's motion to compel further responses to Special Interrogatories (Set One). The court DENIES defendant Robert O'Neill's request for monetary sanctions for his motion to compel further responses to Special Interrogatories (Set One). Background Plaintiff CR&R, Incorporated filed this action on March 2, 2022 against defendant Robert O...

Excerpt: ...David Wu Defendant's Motion for Summary Judgment or in the Alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. Defendants' Motion for Summary Judgment or in the Alternative, Summary Adjudication is GRANTED in part and DENIED in part. The Motion is granted as to the eleventh, twelfth, thirteenth, sixteenth, and seventeenth causes of action as against Chef on Fire, LLC. The Motion is denied as to the fir...

Excerpt: ...oldings, LLC Demurrer to Second Amended Complaint The Court considered the moving papers, opposition, and reply. The Demurrer is overruled. Defendants Julio Jones and Sharod “Roddy” White to answer in 20 days. Background Plaintiff SLW Holdings, LLC invested approximately $4,240,000 into two cannabis business ventures based on Defendants Tyrone Freeman, Wolfgang & Associates LLC, Daude Sherrills and Lamarr House fraudulent misrepresentations. ...

Excerpt: ...ant Hollywood Production Center Responding Party: Plaintiff Marciano Rafael Valdez Motion to Compel Arbitration and Request for Stay of the Action. The Court considered the moving papers, opposition, and reply. The motion is GRANTED. The matter is STAYED pending a final resolution of Plaintiff's claims in the arbitration proceedings as provided by the parties' agreement. Moving party is ordered to give notice. Background On November 27, 2023, Pla...

Excerpt: ...ing Party: Defendant Devoto -Wade LLC dba Golden State Cider Motion for Issue and Monetary Sanctions The Court considered the moving papers, opposition, and reply. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breach of ...

Excerpt: ...ete Responding Party: Defendant/Cross -Complainant Derek Keane Motion to Set Aside Order Dated October 3, 2023 The court has considered the moving papers and opposition. No reply was received. The court on its own motion reconsiders its October 3, 2023 order. Consequently, the October 3, 2023 order is VACATED , and Keane's motion to compel filed on May 15, 2023 is DENIED as moot. Background Plaintiff Lafayette Apt. Associates, L.P. (hereinafter �...

Excerpt: ...riters at Lloyd's, London, Subscribing to Policy Number HGB0140086 (“Lloyd's”) and Washington & Finnegan Inc Motion to Compel the Deposition of the Person Most Qualified and Request for Sanctions The court considered the moving papers, opposition, and reply. The court GRANTS Plaintiffs' motion to compel Those Certain Underwriters at Lloyd's, London, Subscribing to Policy Number HGB0140086's PMQ's deposition. Nick Sargeant's deposition shall t...

Excerpt: ...een received. The court GRANTS Defendant Sergio Rodriguez Vasquez's motion for judgment on the pleadings on the ground that the complaint is barred by the doctrine of collateral estoppel. Background Plaintiff Norma Angelica Farias (“Plaintiff”) initiated this action on October 24, 2022 against Defendant Sergio Rodriguez Vasquez (“Defendant”) alleging causes of action for: (1) Unjust Enrichment; (2) Negligent/Intentional Infliction of Emot...

Excerpt: ...New Trial and Notice of Motion to Vacate Judgment. The court considered the moving papers and opposition papers. No reply has been filed. The court DENIES plaintiffs David Ortiz and Yuko Ortiz's motion for new trial and notice of motion to vacate judgment because the court lacks jurisdiction because of Plaintiffs' notice of appeal filed on October 6, 2023. Background On October 19, 2018, plaintiffs David A. Ortiz and Yuko Ortiz filed this action ...

Excerpt: ...ments (Set One) The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Defendant is to provide supplemental responses to Request for Production of Documents (Set One) Nos. 13- 16 and 34-35, and responsive documents within 20 days of this order. The request for sanction is GRANTED in the amount of $2004.15, payable within 30 days. Background On January 31, 2023, Plaintiff Miguel Diego Beltran (“Plaintiff”) filed ...

Excerpt: ...rt considered the moving papers, opposition, and reply. The motion is GRANTED. The requests for sanctions are DENIED. Background On September 15, 2022, Plaintiffs Joshua King (“King”) and Arianna Rangel (“Rangel”) (collectively “Plaintiffs”) filed a Complaint against Defendants Passons LLC; Ideal Property and Realty, Inc.; Jesus Diaz (“Defendants”); and DOES 1 -100, inclusive for: (1) Violation of California Civil Code § 1942.4; ...

Excerpt: ...IVE] RULING Action Filed: 03/03/22 [1st Amended Complaint Filed: 02/27/23] Trial Date: 10/24/24 Hearing date: 04/17/24 Moving Party: Defendant Department of Social Services Responding Party: Plaintiffs A.B., a minor, C.D., a minor, E.F., a minor, G.H., a minor, by and through their guardian ERICKA ROSAL Defendant's The Court considered the moving papers, opposition, and reply. The Defendant Department of Social Services' Demurrer to Plaintiffs' S...

Excerpt: ...t considered the moving papers, opposition, and reply. The motion is DENIED. The request for sanctions is also DENIED. Background On June 1, 2021, Plaintiff Angeline Brown (“Plaintiff”) filed the operative Complaint against Defendants Beverly Hills Properties, LLC, a California limited liability company; Donald T. Sterling Corporation, a California corporation; Rochelle Sterling, as Trustee of the Sterling Family Trust; The Sterling Family Tr...

Excerpt: ...ke Portions of Plaintiff's Complaint Pursuant to CCP § 425.16 The Court has considered the moving papers. No opposition papers were filed. The motion is GRANTED. Background This action arises from the filing of an unlawful detainer action, LASC Case No. 22STUD06657 (the “UD Action”), against Plaintiff Derrick Lamont Beverly (“Plaintiff”) by Fox Normandie Apartments, LP. (Complaint at p. 1:18 -28.) On April 14, 2023, Plaintiff filed a Com...

Excerpt: ...sidered the moving and opposition papers. No reply papers were filed. The motion is DENIED. Background This action arises from the breach of a month- to-month rental agreement for a property located at 10523 Selkirk Lane, Los Angeles, CA 90077 (the “Property”). On August 29, 2023, Plaintiff Thuong Luong (“Plaintiff”) filed a Complaint against Defendants Veronika Mikhaylova (“Defendant”) and DOES 1 through 100, inclusive, alleging a si...

Excerpt: ...to Compel Further Responses to Set One of Defendant Rochelle Sterling, as Trustee of the Sterling Family Trust's Special Interrogatories and Request for Sanctions The Court has considered the moving, opposition, and reply papers. The motion is DENIED as it is untimely under CCP § 2030.300(c). Background This action arises from the alleged failure to warn residents, visitors, and workers that they have been exposed to asbestos containing material...

Excerpt: ...ty: None. Motion to Seal The Court considered the moving papers. No opposition has been filed. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On December 13, 202...

Excerpt: ... received. The court GRANTS defendant's motion to deem admitted Requests for Admission (Set One). The court deems admitted the truth of the matters set forth in Requests for Admissions (Set One) to plaintiff Armani Marsalis Gates I. The court GRANTS defendant's request for monetary sanctions against plaintiff Armani Marsalis Gates I in the reduced amount of $540.00. The court orders plaintiff Armani Marsalis Gates I to pay $540.00 to defendant Le...

Excerpt: ...; KAYLA S. JAGODA, M.D., an individual; TAYLOR W. BURKHOLDER, M.D., an individual; SYLVIA HSIN -HUE YEH, M.D., an individual; MICHAEL LEESON, M.D., an individual; ANNIE LE, R.N., an individual; CASEY RODRIGUEZ, R.N., an individual; TRA CY HARADA, R.N., an individual; STEPHANIE LUONG, R.N., an individual; and DOES 1 to 100, Inclusive, Defendants. Case No.: 21STCV46931 DEPARTMENT 45 TENTATIVE RULING Complaint Filed: 12/23/21 Trial Date: None set He...

Excerpt: ...ntities) Responding Parties: None Motion for Determination of Good Faith Settlement The court considered the moving papers and Defendants Those Certain Underwriters at Lloyd's, London Subscribing to Policy Number HGB0140086 and Washington & Finnigan, Inc.'s response (not an opposition) that was filed on February 1, 2024. The court GRANTS Defendant's application for determination of good faith settlement. The court determines the settlement entere...

Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: April 11, 2024 Moving Party: Defendant Philip Michels, et al. Responding Party: Plaintiff Stanley Orwasher Motion for Summary Judgment or, in the alternative, Summary Adjudication The Court considered the moving papers, opposition, and reply. The motion is DENIED. Background On October 26, 2022, Plaintiffs Stanley Orwasher, individually and the Estate of Ph...

Excerpt: ...rike The court has considered the moving, opposition, and reply papers. The court SUSTAINS William Rawlings' demurrer to the third and sixth causes of action of the First Amended Complaint, with 20 days leave to amend. The court SUSTAINS William Rawlings' demurrer to the fifth cause of action of the First Amended Complaint without leave to amend. The Motion to Strike is MOOT because the court sustained the demurrer with leave to amend as to the t...

Excerpt: ...opposition papers have been filed as of April 9, 2024. Defendant Varela filed notice of no opposition on April 2, 2024. The Court GRANTS Defendant Varela's unopposed motion to compel arbitration. The case is stayed pending binding arbitration as to the entire action. Background This is an action for breach of contract and related employment claims. On December 9, 2022, Omar Moreno (“Plaintiff”) filed his Complaint against Central City Communi...

Excerpt: ...s. The Motion to Expunge Lien filed by Plaintiff Jose Villagomez is DENIED. Background This is a toxic tort action. On April 25, 2019, Jose Villagomez (“Plaintiff”) filed this action against Does 1 through 100, alleging five causes of action for (1) Negligence; (2) Strict Liability – Failure to Warn; (3) Strict Liability – Design Defect; (4) Fraudulent Concealment; and (5) Breach of Implied Warranties. The Complaint alleges the following:...

Excerpt: ...on the Pleadings The Court has considered the moving, opposition, and reply papers. The Court DENIES Defendant's Motion for Judgment on the Pleadings. Background Plaintiff R.K. filed this action against Defendant on May 19, 2022. The operative First Amended Complaint alleges causes of action for negligence and negligent hiring, training, and supervision, based on childhood sexual abuse while under the care of Defendant. Legal Standard A motion fo...

Excerpt: ...Admitted Requests for Admission (Set One) (3) Motion to Compel Responses to Form Interrogatories (Set One) (4) Motion to Compel Responses to Special Interrogatories (Set One) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Special Interrogatories (Set One). The court orders defendant Bolsabuy, Inc. to serve verified responses, without objections , to Special Interrogat...

Excerpt: ...n The court has considered the moving papers. No opposition has been received. The court GRANTS Defendant Mission Critical Restoration Services, Inc. dba Servpro of Torrance's motion for site inspection. The site inspection of Plaintiffs' premises shall occur within 30 days of this Order. Also, the court GRANTS the request for monetary sanctions against Plaintiffs and their attorney of record, jointly and severally, in the reduced amount of $622....

Excerpt: ...r Responses to RFPs (Set One) (2) Motion to Compel Further Responses to RFPs (Set Two) (3) Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply, as well as the parties' Joint Statement. Plaintiff's Motion to Compel Further Responses to RFPs (Set One) is GRANTED as to RFP Nos. 28 -34 and DENIED as to RFP Nos. 1- 27. Plaintiff's Motion to Compel Further Responses to RF...

Excerpt: ...position has been received. The court GRANTS Defendants' motion to compel compliance with subpoena duces tecum. Specialty Eye Center is ordered to produce the requested documents within twenty (20) days of this Order. Background This is a legal malpractice case. Plaintiff Lisa Berberian filed this action on October 5, 2022 against defendants Stephan Filip P.C. and Stephan Airapetian, alleging causes of action for (1) Professional Negligence; (2) ...

Excerpt: ...NIES in part Plaintiff's motion to tax costs. The court taxes Defendant Mueller's memorandum of costs in the amount of $5,500. Thus, the court awards Defendant Mueller costs in the reduced amount of $9,760.71. Background On April 21, 2021, Plaintiff John Ploense (“Plaintiff”) initiated this action against Defendants Timothy Mueller (“Mueller”) and Abxtract Tattoo LLC, alleging the following causes of action: (1) negligence; (2) breach of ...

Excerpt: ... Aldibert Esteban, Maisha Sykes, Deborah Berens, and Linda Hinkley Responding Party: None Motion for Final Approval of Class Action Settlement and Provisional Certification of Class The Court has considered the moving papers and supplemental briefing. No opposition was received. The Court GRANTS Plaintiffs' motion for final approval of class action settlement. Counsel is awarded $8,000,000 in fees and $60,000 in costs. The administrator is awarde...

Excerpt: ...dena Responding Party: None (1) Cross- Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena's Motion for Order to Compel Cross- Complainant Cunningham and Guerra Enterprises, Inc dba Guerra-Cunningham -Bagues Funeral Directors' Responses to Request for Production of Documents, Set One (2) Cross- Defendant Gardena Hospital, L.P. dba Memorial Hospital of Gardena's Motion for Order to Compel Cross- Complainant Cunningham and Guerra Ente...

Excerpt: ... moving papers, opposition, and reply. Defendant Robert O'Neill's Motion to Continue Trial is DENIED. Background This case stems from allegations for breach of contract and money owed. On February 1, 2019 CR&R Incorporated (Plaintiff) entered into an Asset Purchase Agreement whereby the assets of a separate company – United Pacific Waste – were acquired. (Complaint, ¶ 7.) Included in these assets was a contract where United Pacific Waste pro...

Excerpt: ...n Filed: 07/20/21 2nd Amended Complaint Filed: 10/26/22 Trial Date: 05/20/24 Hearing date: March 29, 2024 Moving Party: Defendant Philip Michels Responding Party: Plaintiffs Stanley Orwasher and Estate of Phyllis Orwasher Motion to Compel Further Responses to Special Interrogatories (Set One) The Court considered the moving papers, opposition, and reply. The motion is GRANTED, further responses in 20 days. The request for sanctions is also GRANTE...

Excerpt: .../2024 Hearing date: 03/29/2024 Moving Party: Defendants Lucky's Two- Way Radios, Inc.; Buddy Corporation; and James A Kay Jr. Responding Party: Relator Frank J. Cannata Defendant's The Court considered the moving papers, opposition, and reply. Defendants' Demurrer to Relator's First Amended Complaint is SUSTAINED with 20 days leave to amend. Background This case stems from accusations of insurance fraud. On February 1, 2021, Frank J. Cannata (Rel...

Excerpt: ... Deutsche Bank National Trust Company, as trustee for Soundview Home Loan Trust 2006- OPT 3, Asset Backed Certificates, Series 2006-OPT 3, Western Progressive, LLC, Owen Loan S ervicing, LLC, Power Default Services, Inc., Brandy Berns, and Vicki Pospisil, and Defendant Sand Canyon Corporation fka Option One Mortgage Corporation Responding Parties: Plaintiff Ron Hacker, as Successor Trustee for 1713 Stearns Laverne Family Trust, dated August 1, 20...

Excerpt: ... None Motion for Attorneys' Fees The Court considered the moving papers. The motion is GRANTED in the amount of $129,341.25. Background On July 1, 2021, Plaintiffs Sophie Goodis and Natalie Goodis (“Plaintiffs”) filed the operative Complaint against Defendant Eric Mizrahi, individually and as trustee of the Brigitte Mizrahi 2019 Irrevocable Life Insurance Trust (“Defendant Mizrahi”); and D OES 1-25, for (1) Breach of Fiduciary Duty; (2) C...

Excerpt: ...gs Pending Arbitration The Court has considered the moving, opposition, and reply papers. The motion is GRANTED. Background This is an action arising from Plaintiff Bianca Villalpando (“Plaintiff”) being wrongfully terminated and subject to discriminatory actions during her employment with Defendant Nationstar Mortgage LLC (“Nationstar”). On October 31, 2023, Plaintiff filed a Complaint against Defendants Nationstar, Jennifer Ruiz, Elizab...

Excerpt: ...cable Living Trust (“Tuggle”), and Robert Conrad; and Responding Party: None Demurrer without Motion to Strike to Cross- Complaint The court considered the moving papers. No opposition has been filed. The court OVERRULES in part Cross-Defendants' demurrer to the first through fifth causes as moot and SUSTAINS in part the demurrer as to the sixth, seventh, eighth, tenth, and eleventh causes of action. Kamath is granted leave to amend only as t...

Excerpt: ...arty: None. Motion to Seal The Court considered the moving papers. The motion is GRANTED. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto -Wade LLC dba Golden State Cider (“Defendant”), and DOES 1 -10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. On November 13, 2023, De...

Excerpt: ...E] RULING Action Filed: 03/03/2022 2nd Amended Complaint Filed: 06/05/23 Trial Date: 10/14/2024 Hearing date: March 21, 2024 Moving Party: Los Angeles County Responding Party: Plaintiffs Demurrer The Court considered the moving papers, opposition, and reply. The Demurrer is SUSTAINED with leave to amend. I. BACKGROUND a. Factual Plaintiffs allege that Ericka Rosal enrolled her four children (A.B., C.D., E.F., and G.H.) in the Pathways LA and Path...

Excerpt: ... Defendant's motion to tax costs is GRANTED in the amount of $757,251.09 and DENIED as to all other amounts. Background This case involves a motor vehicle accident. Plaintiffs Maynard Matthews and Tanis Matthews filed this action on March 29, 2019 against defendant Patrick Ryan, alleging causes of action for (1) Negligence; and (2) Loss of Consortium. The Complaint alleges that plaintiff Maynard Matthews was operating a 2014 Mercedes E 350 on Aug...

Excerpt: ...er The Court considered the moving papers, opposition, and reply. The motion is GRANTED without Leave to Amend . Background On September 18, 2023, Plaintiff Michael Sokoloff (“Plaintiff”) filed the operative Complaint against Defendants City of La Habra Heights; Fabiola Huerta; and DOES 1 -100 (“Defendants”), inclusive for: (1) Labor Code § 1102.5 et seq ; (2) Intentional Interference With Contractual Relations; and (3) Intentional Infli...

Excerpt: ...OTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Action Filed: 11/17/23 Trial Date: Not Set Hearing date: March 18, 2024 Moving Parties: Defendants WEST VALLEY POST ACUTE, WEST VALLEYIDENCE OPCO, LLC dba WEST VALLEY POST ACUTE, PROVIDENCE GROUP, INC., PROVIDENCE GROUP NORTH, LLC, and PROVIDENCE ADMINISTRATIVE CONSULTING SERVICES, INC. Responding Party: Plaintiff Thomas Trent Motion to Compel Arbitration The Court has considered the moving, opposi...

Excerpt: ... 9854) The court considered the moving papers. No opposition was received. The court GRANTS Plaintiff's motion to compel responses to Plaintiff's first set of Special Interrogatories. The court orders Defendant Kristina Rozina Bonhomme to serve verified responses, without objections, to first set of Special Interrogatories, within 30 days of the date of this ruling. The court GRANTS Plaintiff's request for monetary sanctions against Defendant Kri...

Excerpt: ..., Summary Adjudication The Court considered the moving papers, opposition, and reply. The Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication is GRANTED as to the 6 th cause of action for negligent hiring and supervision. The Motion for Summary Adjudication is DENIED as to all other remaining causes of action and issues, including punitive damages. Background Plaintiff worked for Defendants in the LA Dumpster Rental locatio...

Excerpt: ...er to FAC The court considered the moving, opposition, and reply papers. The court SUSTAINS Defendant's demurrer to the single cause of action of the FAC, with 20 days leave to amend. Background Plaintiffs DelMorgan Group, LLC and Globalist Capital, LLC (collectively “Plaintiffs”) filed this action on March 22, 2022 against Defendant Australis Capital, Inc. (“Defendant” or “Australis”), asserting two causes of action for (1) Breach of...

Excerpt: ...ernative, Summary Adjudication The court has considered the moving, opposition, and reply papers as well as the amended opposition and sur-reply. The court DENIES Defendants' motion for summary judgment with respect to the Complaint. The court DENIES Defendants' motion for summary adjudication in its entirety as it relates to the Complaint. Background This action arises from an employment dispute. Plaintiff Danny Allen Silva (“Plaintiff”) fil...

Excerpt: ...laintiff Chelle Johnson Defendant's Demurrer to Plaintiff's Complaint The Court considered the moving papers, opposition, and reply. Defendant's Demurrer to Plaintiff's Complaint is SUSTAINED with 20 days leave to amend. Background Chelle Johnson (Plaintiff) file a Complaint on March 1, 2023 against Klapach & Klapach, P.C. (Defendant) for the sole cause of action for legal malpractice. Defendant now demurs to the Complaint, Plaintiff opposes the ...

Excerpt: ...e Mile Properties, LP Responding Party: Plaintiff Camilo Salazar Motion: Defendant's Motion to Compel Arbitration and Stay or Dismiss Proceedings The Court considered the moving papers, opposition, and reply. Defendant's Motion to Compel Arbitration is GRANTED. The proceedings are stayed until the completion of arbitration proceedings. Background This case stems from alleged violations of numerous labor codes. Camilo Salazar (Plaintiff) filed a C...

Excerpt: ...onsidered the moving, opposition, and reply papers. The court GRANTS Plaintiffs' motion for attorney's fees. The court awards Plaintiffs attorneys' fees in the reduced amount of $119,760. Background On March 8, 2021, Plaintiffs Victor Burga and Adrienee Han (collectively, “Plaintiffs”) submitted a written offer to purchase 119 N. Manhattan Place, Los Angeles CA from Defendant Hoangtram Tong (“Seller”). On March 11, 2021, Defendant accepte...

Excerpt: ...uko Ortiz (1) Motion to Compel Plaintiff Yuko Ortiz's Responses to Supplemental Demand for Production of Documents (Set One) (2) Motion to Compel Plaintiff Yuko Ortiz's Responses to Request for Production of Documents (Set Three) (3) Motion to Compel Plaintiff Yuko Ortiz's Responses to Supplemental Interrogatories (Set One) (4) Motion to Compel Plaintiff Yuko Ortiz's Responses to Form Interrogatories (Set Three) The court considered the moving pa...

Excerpt: ...ayette Apt. Associates, LP (1) Motion to Compel Further Responses to Form Interrogatory (Set Two) No. 15.1 The court has considered the moving papers and opposition. No reply was received. The court GRANTS defendant/cross -complainant Derek Keane's motion to compel further responses to Form Interrogatory 15.1. The court orders plaintiff/cross -defendant Lafayette Apt. Associates, LP to serve further verified responses to Form Interrogatory 15.1 w...

Excerpt: ...d opposition. No reply has been received. The court DENIES Defendant American Honda Motor Co., Inc.'s motion to compel arbitration. Background This is a “lemon law” case. On June 7, 2023, plaintiff Jeff Steven Eustice (“Plaintiff”) initiated this action against defendant American Honda Motor Co. Inc. (“Defendant”), alleged the following causes of action: (1) Violation of Subdivision (d) of Civil Code § 1793.2; (2) Violation of Subdiv...

Excerpt: ...UDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION The Court considered the moving papers, opposition, and reply. Defendants Sumner and Harrison's Motion for Summary Judgment is DENIED. Defendants' Motion for Summary Adjudication is GRANTED as to the 2 nd cause of action for negligent misrepresentation and 3 rd cause of action for negligence and DENIED as to all remaining issues. Background Plaintiff invested $185,000 with Defendants for startu...

Excerpt: ... Compel Production of Documents The court considered the moving, opposition, and reply papers. Defendant's motion to compel production of documents is MOOT. The court DENIES Defendant's request for monetary sanctions. The court DENIES Plaintiff's request for monetary sanctions. (2) Motion to Compel Further Responses to Special Interrogatories (Set One and Set Two) The court considered the moving, opposition, reply papers and the parties' joint st...

Excerpt: ...Slynko Demurrer to Second Amended Cross -Complaint The court has considered the moving and opposition papers. No reply was received. The court OVERRULES in part Cross-Defendant Oriel Poole's demurrer to the Second Amended Cross -Complaint as to the second cause of action and SUSTAINS it in part as to the third cause of action without leave to amend . The court orders Cross-Defendant to file an answer to the cross -complaint within 10 days of the ...

Excerpt: ...l Motion to Strike (Anti -SLAPP) The Court considered the moving papers, opposition, and reply. The special motion is GRANTED in part as to the first, third, and fourth causes of action with 30 days leave to amend and DENIED in part as to the second cause of action. Background On February 7, 2023, Plaintiff Robert Santisteven (“Plaintiff”) filed the operative Complaint against Defendants Archdiocese of Los Angeles Education & Welfare Corporat...

Excerpt: ...rance Responding Party: Plaintiffs Johnny Jee and Louise Jee Motion: Defendant's Motion to Strike The Court considered the moving papers, opposition, and reply. BACKGROUND Procedural History - Johnny Jee and Louise Jee (collectively, Plaintiffs) filed an initial Complaint on April 13, 2023 against First American Title Insurance Company (Defendant) for two causes of action: (1) breach of policy title insurance, and (2) breach of the covenant of go...

Excerpt: ...t Filed: January 23, 2023 Trial Date: None Set Hearing date: March 6, 2024 Moving Party: Nonparty Rosalina Estrada de Teque Responding Party: Defendants R. J. ACQUISITION CORP. dba. ADART COMPANY and JOSEPH M. DEMARCO, joined by Plaintiff Yanluy Santos Motion to Set Aside and Vacate Judgment The Court considered the moving papers, opposition, and reply. The motion is denied. Background On January 7, 2020, Plaintiff Yanluy Santos (“Santos”) fi...

Excerpt: ... DENIED. Background On June 23, 2023, Plaintiffs Patrick England and Dolores England (“Plaintiffs”) filed the Complaint against Defendant American Honda Motor Co., Inc. (“Defendant AHM”), and DOES 1 through 10, inclusive for: (1) Violation of Subdivision (d) of Civil Code Sec tion 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of Express W...

Excerpt: ...sidered the moving papers, opposition, and reply. The motion is GRANTED. Background On September 9, 2021, Plaintiffs Isai Edgar Castellanos; Denise Babonoyaba; Jayleen Denise Castellanos, a minor by and through her Guardian ad Litem, Denise Babonoyaba; Alazay Jazleen Castellanos, a minor by and through her Guardian ad Litem, Denise Babonoyaba; Janey Lexine Castellanos, a minor by and through her Guardian ad Litem, Denise Babonoyaba; and Isai Edga...

Excerpt: ...Summons The Court considered the moving papers, opposition, and reply. The motion is GRANTED. Background On February 9, 2023, Plaintiffs Olga Solovey, Anatoli Androsovych, and Svetlana Zemko (“Plaintiffs”) filed the Complaint against Defendants Rust Movie Productions, LLC; Alexander R. Baldwin III; El Dorado Pictures, Inc.; Ryan Donnell Smith; Langley Allen C heney; Thomasville Pictures, LLC; Anjul Nigam; Brittany House Pictures; Hannah Gutie...

Excerpt: ...uction of Documents, Set Two and Request for Monetary Sanctions; Motion to Compel Further Responses to Plaintiff's Special Interrogatories, Set One The Court has considered the moving, opposition, and reply papers. The Court DENIES Plaintiff's Motion to Compel Further Responses to Requests for Production, Set Two. The Court DENIES Plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One. Background This is an action aris...

Excerpt: ...Party: Plaintiff Petra Amaya De Garcia Motion: Defendants' Demurrer and Motion to Strike The Court considered the moving papers, opposition, and reply. Defendants' Demurrer to Plaintiff's First Amended Complaint is SUSTAINED in part and OVERRULED in part . The Demurrer is sustained as to the second cause of action but is overruled as to the first and third cause of action. Defendants' Motion to Strike Portions of Plaintiff's First Amended Complai...

Excerpt: ...pers. No opposition or reply papers were filed. The demurrer filed by Cross -Defendant Luda Express, Inc. to the cross -complaint filed by PAF Insurance Services, LLC is MOOT and is taken OFF-CALENDAR due to the filing of a First Amended Cross -Complaint by PAF Insurance Services, Inc. Background This is an action arising from lost or stolen sports trading cards. On June 24, 2022, Plaintiff Artur Sargsyan, an individual doing business as Frontlin...

Excerpt: ... Castellanos, a minor by and through her Guardian ad Litem, Denise Babonyaba; Janey Lexine Castellanos, a minor by and through her Guardian ad Litem, Denise Babonyaba; Isai Edgar Castellanos Jr., a minor by and through her Guardian ad Litem, Denise Babonyaba Responding Party: Defendant Potomac Gardens LLC (1) Motion to Compel the Deposition of Defendant's Agent, Sharishi Kobayashi (2) Motion to Compel the Deposition of the Person Most Knowledgeab...

Excerpt: ...amily Revocable Living Trust (“Tuggle”), and Robert Conrad; and (2)- (3) Plaintiff Tuggle. Responding Party: (1) -(3) Defendant Reshma Kamath (1) Special Motion to Strike under Code of Civil Procedure § 425.16; (2) Motion to Compel Defendant Reshma Kamath to Provide Further Responses to Interrogatory No. 15.1 of Plaintiff's Second Set of Form Interrogatories and for Sanctions; and (3) Motion to Compel Defendant Reshma Kamath to Provide Furth...

Excerpt: ...ding Party: None. Motion to Seal The Court considered the moving papers. The motion is DENIED without prejudice. Background On January 13, 2023, Plaintiff Ben Myerson Candy Co., Inc. dba Wine Warehouse (“Plaintiff”) filed the operative Second Amended Complaint (“SAC”) against Defendant Devoto - Wade LLC dba Golden State Cider (“Defendant”), and DOES 1-10, inclusive for: (1) Breac h of Contract and (2) Common Count in Quantum Meruit. O...

Excerpt: ... moving papers. The motion is DENIED. Background On July 6, 2023, Plaintiff Royalty Enterprise Construction (“Plaintiff”) filed a Complaint against Defendants Eligio Villalvazo; John Christian Enterprise LLC (“Defendants”); and DOES 1 to 100, inclusive, alleging a sole cause of action for Intention Inter ference with Economic Relationship. On December 6, 2023, Defendant Eligio Villalvazo (“Defendant Villalvazo”) filed this instant Mot...

Excerpt: ...urt considered the moving papers. The motion is DENIED. Background On April 5, 2021, Plaintiff Don S. Kovacic (“Plaintiff”) filed a Complaint against Defendants Michael Clark; Palm Plaza Pet Hospital, LLC; Palm Plaza Pet Hospital, Inc. (“Defendants”); and DOES 1 through 10, inclusive, alleging causes of action for (1) Bre ach of Written Contract; (2) Account Stated; and (3) Quantum Meruit. On June 15, 2021, Defendants filed their Answer. ...

Excerpt: ...s, LLC, (Set 1) and Request for Monetary Sanctions Moving Party: Plaintiff Daniel Ultreras Responding Party: Defendant Los Angeles Dodgers, LLC (2) Reservation ID: 3455 7902 1793 Name of Motion: Plaintiff's Motion to Compel Responses to Special Interrogatories from Defendant Los Angeles Dodgers, LLC, (Set 1) and Request for Monetary Sanctions Moving Party: Plaintiff Daniel Ultreras Responding Party: Defendant Los Angeles Dodgers, LLC The Court co...

Excerpt: ...ha Sykes, Deborah Berens, and Linda Hinkley Responding Party: None Motion for Final Approval of Class Action Settlement and Provisional Certification of Class The Court has considered the moving papers. No opposition was received. The Court CONTINUES Plaintiffs' motion for final approval of class action settlement and provisional certification for counsel to address the issues noted above regarding costs. Further, the named Plaintiffs are to prov...

Excerpt: ...pposition, and reply papers. RULING Defendants Roger Tsai, M.D. and Roger Tsai, M.D., Inc.'s Demurrer is OVERRULED as to the first, second, third, and eighth causes of action and SUSTAINED without Leave to Amend as to the fifth, sixth, seventh, and ninth causes of action. Defendants Roger Tsai, M.D. and Roger Tsai, M.D., Inc.'s Motion to Strike is GRANTED with 20 days Leave to Amend. BACKGROUND On December 22, 2022, Plaintiff Pari Roehi filed the...

Excerpt: ...red the moving papers. The Court GRANTS Defendant's motion for leave to file an amended answer. Background This is an employment dispute involving whistleblower retaliation, discrimination, and wrongful termination claims. Plaintiff Peter Guinan filed this action on January 15, 2019. Plaintiff filed a First Amended Complaint (FAC) on February 12, 2020 against defendant Shippers Transport Express, Inc. (“Defendant” or “Shippers”), alleging...

Excerpt: ...iffs Olga Solovey, Anatolii Androsovych, and Svetlana Zemko Demurrer to Complaint and Motion to Strike The court considered the moving papers, opposition, and reply papers. The demurrer is sustained with leave to amend. The court grants 20 days leave to amend. The motion to strike portions of the complaint is moot. Background Plaintiffs Olga Solovey, Anatolii Androsovych, and Sevtlana Zemko (Plaintiffs) filed this action on February 9, 2023 again...

Excerpt: ...5 9852 Name of Motion: Motion for Sanctions pursuant to CCP § 128.7(h) Moving Party: Plaintiffs Weather Group, LLC and Entertainment Studios Networks, Inc. Responding Party: Defendant McDonald's USA, LLC The Court considered the moving papers, opposition papers, and reply papers. After review, Plaintiffs' Motion for Sanctions pursuant to CCP § 128.7(h) is DENIED . Background Weather Group, LLC and Entertainment Studios Networks, Inc. (collectiv...

Excerpt: ...ing Party: Plaintiff Five & Six Logistics, Inc. Motion to Set Aside Default The court considered the moving, opposition, and reply papers. The court GRANTS Defendants' motion to set aside default. The court hereby sets aside and vacates the defaults entered against Network Logistics Inc., Network Logistics Transportation, LLC, Gabriel Fleming, and Dennis Stone pursuant to CCP § 473(b). The court orders Defendants to file their proposed pleading ...

Excerpt: ...he moving, opposition, and reply papers. The court DENIES Plaintiffs' motion for attorneys' fees pursuant to CCP § 2033.420. Background This case involves a motor vehicle accident. Plaintiffs Maynard Matthews and Tanis Matthews filed this action on March 29, 2019 against defendant Patrick Ryan, alleging causes of action for (1) Negligence; and (2) Loss of Consortium. The Complaint alleges that plaintiff Maynard Matthews was operating a 2014 Merc...

Excerpt: ...ES the hearing for Defendant's motion to strike to March 18, 2024, at 8:30 am, in Department 45, to provide Defendant an opportunity to comply with the meet-and -confer requirements of CCP § 435.5. If the parties resolve the issues raised in the motion to strike, Defendant shall take the motion off calendar. If the parties reach a partial resolution, the parties shall notify the court at least seven days before the hearing. If the partie s are u...

Excerpt: ... of Real Property The court considered the moving papers. No opposition was received. The court GRANTS Plaintiffs' motion to compel responses to Form Interrogatories (Set One). The court orders defendant Jeffrey L. Martin to serve responses, without objections , to Form Interrogatories (Set One), within 30 days of the date of this ruling. The court GRANTS Plaintiffs' request for monetary sanctions against Defendant and his counsel of record in th...

Excerpt: ...nc. (1) Motion to Compel Further Responses to Requests for Production of Documents (Set Two) The court considered the moving, opposition, and reply papers. The court GRANTS Plaintiffs' motion to compel further responses to Requests for Production (Set Two) Nos. 1- 3, 6-11, 16- 20, and 22- 24. The court orders Defendant to serve further responses and production of documents to Requests for Production (Set Two) Nos. 1- 3, 6-11, 16- 20, and 22- 24. ...

Excerpt: ...rt considered the moving, opposition, and reply papers. The court GRANTS IN PART Defendant's motion for protective order. The court orders the definition of “IDENTIFY” be limited to the individual's name, address, and last known contact information. The court strikes Special Interrogatories (Set One) Nos. 12- 14, 16, 24-25, 43, 46-48, 88, and 93. Defendant shall respond to Special Interrogatory (Set One) No. 9, without objections. The court o...

Excerpt: ...�) filed this action on October 11, 2022 against Defendants Market America, Inc., Market America Worldwide, Inc., James Howard Ridinger, Loren Ridinger, and Marc Ashley. The Complaint alleges one cause of action for declaratory relief. Market America, Inc., Market America Worldwide, Inc., Loren Ridinger and Marc Ashley (collectively referred to herein as “Defendants”) moved for an order dismissing this action on the grounds of forum non conve...

Excerpt: ...MENT ENTERED AND RELATED CROSS -ACTIONS Background Plaintiff Kate Geller (“Geller”) filed this action on March 26, 2018 against Defendants Strong Arm Group, LLC (“SAG”), Eric Yohan Knipe, and Joseph Feldman (“Feldman”). On August 17, 2020, Geller filed the operative Fourth Amended Complaint, alleging causes of action for (1) breach of settlement agreement and (2) fraud. On June 27, 2019, SAG filed a Cross -Complaint against Geller. On...

Excerpt: ...ntiffs The Court has considered the moving, opposition, and reply papers. BACKGROUND This action arises out of a landlord/tenant relationship. Plaintiffs' complaint (the “Complaint”) alleges: (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On December 5, 2023, Mo...

Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 4 th causes of action and OVERRULED as to the 6 th cause of action in the complaint. BACKGROUND On April 18, 2023, plaintiffs Nazanin Soleimany, Connor Mackey, and Ziba Soleimany filed a complaint against Abdul J. Sheriff, C On Adams, LLC, and Eagle Eye Home & Sewer Line Inspection Group LLC for (1) breach of written contract, (2) breach of f...

Excerpt: ... and reply papers. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 2 nd, 3 rd, and 4 th causes of action and OVERRULED as to the 6 th cause of action in the complaint. BACKGROUND On April 18, 2023, plaintiffs Nazanin Soleimany, Connor Mackey, and Ziba Soleimany filed a complaint against Abdul J. Sheriff, C On Adams, LLC, and Eagle Eye Home & Sewer Line Inspection Group LLC for (1) breach of written contract, (2) breach of f...

Excerpt: ...n, and reply papers. RULING The motion for summary judgment is CONTINUED to ___[confer with parties]____. BACKGROUND On February 9, 2022, plaintiffs TelcoLynx, LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc, Diane Zane, and Zane Consulting, Inc. for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract, and (6...

Excerpt: ... Antonio Vernola (“Moving Defendant”) The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b). BACKGROUND This action arises out of a dispute over the assets of Decedent Luigi Antonio Varnola (“Decedent”). Plaintiff's complaint ...

Excerpt: ... 2022 against Defendants J and S Hospitality, Inc., Best Western International, Inc. (“BWI”), Rebecca Doe, Greg Doe, and Best Western Palm Desert Resort. The Complaint asserts causes of action for (1) disability discrimination, (2) perceived disability discrimination, (3) failure to prevent harassment and retaliation, (4) retaliation in violation of Government Code section 12940, et seq., (5) age discrimination, (6) nationality discrimination...

Excerpt: ...filed a first amended complaint (FAC). In the FAC, Plaintiff alleges the following causes of action: (1) breach of the implied covenant of good faith and fair dealing, (2) tortious interference with contract, and (3) extortion. On May 26, 2022, the court sustained Defendant's demurrer without leave to amend for the first and second causes of action. On November 15, 2023, Defendant filed this motion for summary judgment of the third cause of actio...

Excerpt: ...n, and reply papers. RULING The motion for summary judgment is CONTINUED to ___[confer with parties]____. BACKGROUND On February 9, 2022, plaintiffs TelcoLynx, LLC and The Roosk Group Inc. filed a complaint against Jamie McDaniel, Friendly Llama, Inc, Diane Zane, and Zane Consulting, Inc. for (1) breach of contract, (2) breach of covenant of good faith and fair dealing, (3) breach of fiduciary duties, (4) fraud, (5) rescission of contract, and (6...

Excerpt: ...id”), Marcos Baca, Benjamin Torres, and Does 1 to 100, inclusive, alleging eight causes of action. Defendant TRM Gamma Aerospace Acquisition, LLC was added in the First Amended Complaint on September 8, 2023. On November 17, 2023, Defendant TRM filed its demurrer without a motion to strike. On January 12, 2024, Plaintiff filed her opposition. On January 19, 2024, Defendant TRM filed its reply. Tentative Ruling: Sustained with 20 days leave to a...

Excerpt: ...ever, in the body of the complaint (Compl. ¶¶ 1, 12), he claims to represent the nonprofit Concerned Citizens of South Central Los Angeles. That nonprofit has gone on record (when objecting to a NORC) stating that Mr. Williams is “a disgruntled former employee of Concerned Citizens who does not represent Concerned Citizens and has no standing to bring claims....” Even if he was still a member in good standing, he could not represent a corpo...

Excerpt: ...NTED. Defendant Vincent Martin is ordered to provide responses, without objection, to both Form Interrogatories, Set One, and Special Interrogatories, Set One, within 20 days. Plaintiff's request for monetary sanction is GRANTED. Defendant Vincent Martin and his counsel are ordered to pay $2,500.00 in sanctions, within 20 days, to Plaintiff Isabel Ortega pursuant to Code of Civil Procedures section 2023.030 subdivision (a). On April 18, 2023, Pla...

Excerpt: ...enced the present action against Defendants Blouin & Company, Inc., Robert Cinelli, David Blouin, Becky Radant, Christy Wise, Devonshire Delaware, Greg Christensen, Lizanne Engemann, Shannon Engemann Grossman, Sydney Gail Stayden, Tali Flying LP, and Does 1 through 50. Plaintiff alleges following causes of action: Professional Negligence, Breach of Fiduciary Duty, Fraud, Conversion of Community Property, Equitable and/or Implied Indemnity, Accoun...

Excerpt: ...o Plaintiff's Request for Production of Documents, Set One The court considered the moving and opposition papers. RULING Plaintiff Gerardo Guerrero's Motion to Compel Further Responses to Request for Production of Documents, Set One Nos. 16-21 is GRANTED. Defendant to comply within 20 days. BACKGROUND On March 22, 2023, Plaintiffs Gerardo Guerrero and Maria Guerrero filed a Complaint against Defendant and DOES 1 through 10, inclusive for Violatio...